House of Lords Journal Volume 33
February 1773, 21-28

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History of Parliament Trust

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1767-1830

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521-528

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'House of Lords Journal Volume 33: February 1773, 21-28', Journal of the House of Lords volume 33: 1770-1773 (1767-1830), pp. 521-528. URL: http://www.british-history.ac.uk/report.aspx?compid=113577 Date accessed: 30 August 2014.


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Contents

Die Lunæ, 22o Februarii 1773.
Kemick and Skey against Hudson et al. Decree affirmed with Costs. Bagshot, &c. Road Bill. Devon Shire Hall Bill. L Clare et al. to qualify as Vice Treasurers of Ireland Bill Gravesend and Milton Paving; &c. Bill. Armthorpe Enclosure Bill. Snaith and Cowick Enclosure Bill. D. Beaufort, Leave to present a petition for a Bill. Petition referred to Judge. Hadsor common Enclosure Bill. Bouillon’s Nat. Bill. Murdieson and Miller’s Appeal from the Court of Judiciary referred to a Committee. Bernard’s Bill. Whichcot’s Bill. Adjourn. Die Martis, 23o Februarii 1773.
Devon Poor Bill. Sir Charles Cock’s Estate Bill. Causes put off Salter against Hite, Mr. Justice Blackstone to attend with his Notes. Devon Shire Hall Bill. Bagshot, &c. Road Bill. Gravesend and Milton Paving, &c. Bill. L. Clare et al. to qualify as Vice Treasurers of Ireland Bill. Armthorpe Enclosure Bill. Snaith and Cowick Enclosure Bill. Hadsor Common Enclosure Bill: Bouillon’s Nat. Bill: Message to H. C. that the Lords have agreed to the Two preceding Bills. West India Securities, to encourage lending Money on by Foreigners Bill. Donaldsons against Becket et al. Adjourn. Die Jovis, 25o Februarii 1773.
E. Hopetoun’s Estate Bill. Bagshot, &c. Road Bill. Kirkcudbright Claim of Peerage. Hemmings et Ux. Bill; Motion to dispense with Standing Order. Sir Charles Cocks’s Estate Bill: Message to H. C. with it. West India Securities, to encourage lending Money on, by Foreigners, Bill: Message to H. C. that the Lords have agreed to it. L Clare et al. to qualify as Vice Treasurers of Ireland, Bill. Countess of Shaftesbury et al Lease for a Bill: Bill read. Devon Poof Bill. Devon Shirt Hall Bill. Turner, Leave for a Bill: Bill read Armthorpe Enclosure Bill. Snaith and Cowick Enclosure Bill Livermore against Palleday: Writ of Error nonpros’d with Cost. Gailes Moor Enclosure Bill. Hertford Bridge. &c. Road Bill. Snaith and Cowick Enclosure Bill; the King’s Consent signified to it. Adjourn. Die Veneris, 26o Februarii 1773.
Salter against Hite. Gravesend and Milton Paving, &c. Bill. Lewis, &c. Road Bill. Devon Poor Bill L. Clare et al. to qualify as Vice Treasurers of Ireland, Bill. Bagshot, &c. Road Bill: Message to H. C. that the Lords have agreed to it. E Hopetoun’s Estate Bill. Message to H. C. with it. Hemming et. Ux. Bill; Standing Order dispensed with. Cromwell Enclosure Bill. Brinckhill Enclosure Bill. Countess of Shaftesbury Estate Bill. Stewart et al against Countess and E Moray, et e con , Hearing appointed ex parte. Armthorpe Enclosure Brll; the King’s Content signified to it. and to the Devon Shire hall Bill. E Macclesfield et Ux Leave for a Bill. Bill read. Gailes Moor Enclosure Bill. Adjourn. Footnotes

Die Lunæ, 22o Februarii 1773.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin.Ds. Apsley, Cancellarius.Ds. Paget.
Epus. Litch. & Cov.Comes Gower, PræsesDs. Cathcart.
Dux Beaufort.Ds. Cadogan.
Dux Athol.Ds. Boston.
Dux Chandos.Ds. Camden.
Comes Exeter.
Comes Denbigh.
Comes Westmorland.
Comes Sandwich.
Comes Doncaster.
Comes Rochford.
Comes Poulet.
Comes Abercorn.
Comes Marchmont.
Comes Oxford.
Comes Macclesfield.
Viscount Montague.
Viscount Weymouth.
Viscount Falmouth.
Viscount Wentworth
Viscount Dudley & Ward.

PRAYERS.

Kemick and Skey against Hudson et al.

After hearing Counsel this Day upon the Petition , and Appeal of Matthew Kenrick Esquire, One of the Defendants in the Original, and the Plaintiff in the Cross Cause, and John Skey a Defendant in the Original Cause, complaining of a Decree of the Court of Chancery of the 11th Day of May 1771; and praying, “That the same might be set aside, varied, or altered, as to their Lordships, in their great Wisdom, should seem meet;” as also upon the Answer of John Hudson, and the joint and several Answer of Frederick Rogers Esquire and Catherine his Wife, late Catherine Durell, James D’Auvergne, and Philip Dumaresq, surviving Executors of the late Admiral Philip Durell deceased, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House; and that the said Decree therein complained of be, and the same is hereby affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the said Respondent John Kudson, One hundred Pounds for his Costs in respect of the said Appeal.

Bagshot, &c. Road Bill.

A Message was brought from the House of Commons, by Sir Harry Saint John and others:

With a Bill, intituled, “An Act to continue the Term and alter the Powers of an Act, made in the Twenty-sixth Year of the Reign of His late Majesty King George the Second, for repairing and widening the Roads leading from a Place called Basingstone. near the Town of Bagshot, in the Parish of Windlesham, in the County of Surrey, through Frimley and Farnham, in the same County; and from thence through Bentley, Hollyborn, Alton, Chawton, Ropley, Bishops-Sutton, New Alreford, and Malttingley, otherwise Matterley Lane, to the City of Winchester, in the County of Southampton;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Devon Shire Hall Bill.

A Message was brought from the house of Commons, by Sir (fn. 1) Charles Franklin and others:

With a Bill, intituled, “An Act for taking down the Shire Hall of the County of Devon and for building a new Shire Hall in a more commodious Manner;” to which they desire the Concurrence of this House.

L Clare et al. to qualify as Vice Treasurers of Ireland Bill

A Message was brought from the House of Commons, by Mr. Whitworth and others:

With a Bill, intituled, “An Act to enable the Right Honourable Robert Lord Viscount Clare, the Right Honourable Welbore Ellis, and Charles Jenkinson Esquire, to take, in Great Britain the Oath of Office as Vice Treasurer, and Receiver General, and Paymaster General, of all His Majesty’s Revenues in the Kingdom of Ireland, and to qualify themselves for the Enjoyment of the said Offices;” to which they desire the Concurrence of this House.

Gravesend and Milton Paving; &c. Bill.

A Message was brought from the House of Commons, by Mr. Whitworth and others:

With a Bill, intituled, “An Act for paving, cleansing, and lighting, the High Street, East Street and West Street in the Town and Parishes of Gravesend and Milton, in the County of Kent; and for lighting the other Streets; and for removing all Encroachments and Annoyances within the said Town and Parishes;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Armthorpe Enclosure Bill.

A Message was brought from the House of Commons, by Colonel Saint Leger and others:

With a Bill, intituled, “An Act for dividing and enclosing the several Open Fields, Open Arable Lands, Commons, and Waste Grounds, within the Manor and Parish of Armthorpe, in the West Riding of the County of York;” to which they desire the Concurrence of this House.

Snaith and Cowick Enclosure Bill.

A Message was brought from the House of Commons, by Colonel Saint Leger and others:

With a Bill, intituled, “An Act for dividing and enclosing the Open and Common Fields and Meadow Grounds, in the Townships of Snaith and Cowick, in the County of York;” to which they desire the Concurrence of this House.

D. Beaufort, Leave to present a petition for a Bill.

Upon reading the Petition of the Most Noble Henry Duke of Beaufort; setting forth, “That the Petitioner intended to prefer a Petition to their Lordships for a Private Bill, but in preparing the same it became unavoidably necessary to send for several Deeds and other Papers from the Country, which prevented the Petitioner from getting the same sooner ready;” and therefore praying their Lordships, “That he may be at Liberty to present his said Petition, notwithstanding the Time limited by their Lordships Order for receiving them is elapsed:”

It is Ordered, That the Petitioner be at Liberty to present his said Petition as desired.

Petition referred to Judge.

Whereupon, Upon reading the Petition of the Most Noble Henry Duke of Beaufort, for and on Behalf of himself and of his Three Infant Sons; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Ashurst, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Hadsor common Enclosure Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, “An Act for dividing and enclosing certain Waste Lands called Hadsor Common in the County of Worcester,” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Bouillon’s Nat. Bill.

The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Isabel Bouillon” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Murdieson and Miller’s Appeal from the Court of Judiciary referred to a Committee.

Upon reading the Petition and Appeal of Alexander Murdieson, Tenant in the Farm of Ormiston, alias Wormeston, in the County of Peebles, and John Miller, Shepherd to the said Alexander Murdieson in the said Farm of Ormiston, alias Wormeston, both now Prisoners in the Tolbooth of Edinburgh; complaining of Two Interlocutors of the Lord Justice Clerk and Lords Commissioners of Judiciary in Scotland, of the 14th of December 1772; and 15th of this instant February; and praying, “That the same may be reversed, or varied; and to prohibit and discharge the Magistrates of Edinburgh, and all others concerned, from putting the Sentence in the Interlocutor of the 15th of this February, pronounced against them, into Execution; and to make such Order, and give such Relief in the Premises, as to their Lordships shall seem just”

It is Ordered, That the said Appeal be referred to the Lords following, who are appointed a Committee to consider thereof, and to report to the House whether the same be properly brought:

Ld. President.L. Bp. London.L. Paget.
D. Beaufort.L. Bp. Litch. & Cov.L. Cathcart.
D. Athol.L. Cadogan.
D. Chandos.L. Boston.
E. Exeter.L. Camden.
E. Denbigh.
E. Westmorland.
E. Sandwich.
E. Doncaster.
E. Rochford.
E. Poulet.
E. Abercorn.
E. Marchmont.
E. Oxford.
E. Macclesfield.
V. Montague.
V. Weymouth.
V. Falmouth.
V. Wentworth.
V. Dudley & Ward.

Their Lordships, or any Five of them, to meet on Thursday next, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

Bernard’s Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for vesting the Manors of East and West Stodeley, and certain other Hereditaments in the County of Devon, (Part of the Settled Estates of James Bernard Esquire), in Trustees, to be sold, and for applying the Money to arise by Sale thereof in Discharge of a Mortgage affecting the said Premises, and for other Purposes therein mentioned.”

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on Tuesday the 9th Day of March next, at the usual Time and Place; and to adjourn as they please.

Whichcot’s Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for exonerating Part of the Real Estate of Thomas Whichcot Esquire, in the County of Lincoln, from a Debt of Ten thousand Pounds charged thereon, for the Portions of the younger Children of Christopher Whichcote Esquire, and Jane his Wife Daughter of the said Thomas Whichcot, and for subjecting and charging other Lands of greater Value to the Payment thereof.”

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Die Martis, 23o Februarii 1773.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley. Cancellarius.Ds. Cathcart.
Epus. Londin.Dux Richmond.Ds. Romney.
Epus. Eliens.Dux Manchester.Ds. Cadogan.
Epus. Lincoln.Dux Chandos.Ds. King.
Epus. Meneven.March. Rockingham.Ds. Edgecumbe.
Epus. Asaphen.Comes Denbigh.Ds. Sandys.
Epus. Cestrien.Comes Westmorland.Ds. Bruce.
Epus. Litch. & Cov.Comes Doncaster.Ds. Lyttelton.
Comes Poulet.Ds. Boston.
Comes Abercorn.Ds. Milton.
Comes Marchmont.Ds. Digby.
Comes Rosebery.
Comes Dartmouth.
Viscount Say & Sele.
Viscount Wentworth.
Viscount Dudley & Ward.

PRAYERS.

Devon Poor Bill.

A Message was brought from the House of Commons, by Mr. Parker and others:

With a Bill, intituled, “An Act to repeal an Act, passed in the Ninth Year of the Reign of His present Majesty, intituled, “An Act for the more effectual Relief of the Poor in the County of Devon” and for other Purposes therein mentioned;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sir Charles Cock’s Estate Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, “An Act for vesting several Fee-Farm and other Rents, Part of the Settled Estates of Sir Charles Cocks Baronet, in Trustees, to be sold; and for enfranchising certain Copyhold or Customary Lands within the Manor of Reigate, in the County of Surry, and for laying out the Money arising by such Sale and Enfranchisement in the Purchase of other Lands, to be, settled to the same Uses,” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto:”

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Causes put off

Ordered, That the Hearing of the Cause wherein Ann Salter Spinster is Appellant, and Francis Hite, Attorney at Law, and others, are Respondents, which stands appointed for To-morrow, be put off to Friday next; and that the Rest of the Causes be removed in Course.

Salter against Hite, Mr. Justice Blackstone to attend with his Notes.

Ordered, That Mr. Justice Blackstone do attend this House on Friday next, with his Notes taken in the Cause wherein Ann Salter Spinster is Appellant, and Francis Hite Attorney at Law is Respondent, in order to make his Report to this House, of what passed at the Trial of the said Cause at the Assizes at Exeter.

Devon Shire Hall Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for taking down the Shire Hall of the County of Devon, and for building a new Shire Hall in a more commodious Manner.”

Bagshot, &c. Road Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to continue the Term, and alter the Powers of an Act, made in the Twenty-sixth Year of the Reign of His late Majesty King George the Second, for repairing and widening the Roads leading from a Place called Basingstone, near the Town of Bagshot, in the Parish of Windlesham, in the County of Surry, through Frimley and Farnham, in the same County; and from thence through Bentley, Hollyborn, Alton, Chawton, Ropley, Bishops-Sutton, New Alresford, and Mattingley, otherwise Matterley Lane, to the City of Winchester, in the County of Southampton.”

Ordered, That the said Bill be committed to the Consideration of the Lords following:

D. Richmond.L. Abp. Canterbury.L. Cathcart.
D. Manchester.L. Bp. London.L. Romney.
D. Chandos.L. Bp. Ely.L. Cadogan.
M. Rockingham.L. Bp. Lincoln.L. King.
E. Denbigh.L. Bp. St. Davids.L. Edgecumbe.
E. Westmorland.L. Bp. St. AsaphL. Sandys.
E. Doncaster.L. Bp. Chester.L. Bruce.
E. Poulet.L. Bp. Litch. & Cov.L. Lyttelton.
E. Abercorn.L. Boston.
E. Marchmont.L. Milton.
E. Rosebery.L. Digby.
E. Dartmouth.
V. Say & Sele.
V. Wentworth.
V. Dudley & Ward.

Their Lordships, or any Five of them, to meet on Thursday next, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

Gravesend and Milton Paving, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for paving, cleansing, and lighting the High Street, East Street, and West Street, in the Town and Parishes of Gravesend and Milton, in the County of Kent; and for lighting the other Streets; and for removing all Encroachments and Annoyances within the said Town and Parishes.”

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on Friday next, at the usual Time and Place; and to adjourn as they please.

L. Clare et al. to qualify as Vice Treasurers of Ireland Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act to enable the Right Honourable Robert Lord Viscount Clare, the Right Honourable Welbore Ellis, and Charles Jenkinson Esquire, to take, in Great Britain, the Oath of Office as Vice Treasurer, and Receiver General, and Paymaster General, of all His Majesty’s Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices.”

Armthorpe Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for dividing and enclosing the several Open Fields, Open Arable Lands, Commons and Waste Grounds, within the Manor and Parish of Armthorpe, in the West Riding of the County of York.”

Snaith and Cowick Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open and Common Fields, and Meadow Grounds, in the Townships of Snaith and Cowick, in the County of York.”

Hadsor Common Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing certain Waste Lands called Hadsor Common, in the County of Worcester.

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Bouillon’s Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing Isabel Bouillon.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Pechell and Mr. Montagu:

To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.

West India Securities, to encourage lending Money on by Foreigners Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act to encourage the Subjects of Foreign States to lend Money upon the Security of Freehold or Leasehold Estates in any of His Majesty’s Colonies in the West Indies; and to render the Securities granted to such Aliens effectual for recovering Payment of the Money so to be lent by Sale of such Freehold or Leasehold Estates.”

After some Time the House was resumed:

And the Lord Viscount Wentworth reported from the Committee, “That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Donaldsons against Becket et al.

Ordered, That the Hearing of the Cause, wherein Alexander Donaldson and John Bonaldson are Appellants, and Thomas Becket and others are Respondents, be put off to Wednesday the 21st Day of April next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum quintum diem instantis Februarii, hora undecima Auroræ Dominus sic decernentibus.

Die Jovis, 25o Februarii 1773.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Meneven.Ds. Apsley, Cancellarius.Ds. King.
Epus. Cestrien.Dux Chandos.Ds. Hyde.
Epus. Litch. & Cov.Comes Denbigh.Ds. Scarsdale.
Comes Westmorland.Ds. Boston.
Comes Stamford.Ds. Digby.
Comes Abercorn.
Comes Marchmont.
Comes Macclesfield.
Comes Radnor.
Viscount Wentworth.
Viscount Dudley & Ward.

PRAYERS.

E. Hopetoun’s Estate Bill.

The Earl of Marchmont reported from the Lords Committees, to whom the Bill, intituled, “An Act for vesting in John Earl of Hopetoun, and his Heirs, in Fee-Simple, certain Lands, Part of his Entailed Estate in the Counties of Haddington and Eife; and for settling, in Lieu thereof, other Lands lying contiguous to and interspersed with the said Entailed Estate,” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Ordered, That the said Bill be engrossed.

Bagshot, &c. Road Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, “An Act to continue the Term and alter the Powers of an Act, made in the Twenty-sixth Year of the Reign of His late Majesty King George the Second, for repairing and widening the Roads leading from a Place called Basingstone, near the Town of Bagshot, in the Parish of Windlesham, in the County of Surry, through Frimley and Farnham, in the same County; and from thence through Bentley, Holly-born, Alton, Chawton, Ropley, Bishops-Sutton, New Alresford, and Mattingley, otherwise Matterley Lane, to the City of Winchester, in the County of Southampton,” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Kirkcudbright Claim of Peerage.

Ordered, That the Sitting of the Committee of Privileges on the Kirkcudbright Claim of Peerage, which stands appointed for Monday next, be put off to Monday the 8th of March next.

Hemmings et Ux. Bill; Motion to dispense with Standing Order.

The House being moved, “That the Standing Order of this House, No. 126, concerning Bills for selling Lands in One Place, and buying Lands in another Place, to be settled in Lieu thereof, may be so far dispensed with, as that the Committee, to whom the Bill, intituled, “An Act for vesting the Settled Estate of the Reverend Mr. Hemming and his Wife, in the County of Stafford, in Trustees, in order that the same may be conveyed to George Adams Esquire, and his Heirs, pursuant to an Agreement made by him for the Purchase thereof; and for vesting the Purchase Money in other Lands and Hereditaments, to be settled to the like Uses,” stands committed, may proceed on the said Bill, notwithstanding the said Order should not be complied with:”

It is Ordered, That the said Motion be taken into Consideration To-morrow, and the Lords summoned.

Sir Charles Cocks’s Estate Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for vesting several Fee-Farm and other Rents, Part of the Settled Estates of Sir Charles Cocks Baronet, in Trustees, to be sold; and for enfranchising certain Copyhold or Customary Lands, within the Manor of Reigate, in the County of Surry; and for laying out the Money arising by such Sale and Enfranchisement in the Purchase of other Lands to be settled to the same Uses.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Pechell and Mr. Montagu:

To carry down the said Bill, and desire their Concurrence thereto.

West India Securities, to encourage lending Money on, by Foreigners, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act to encourage the Subjects of Foreign States to lend Money upon the Security of Freehold or Leasehold Estates, in any of His Majesty’s Colonies in the West Indies, and to render the Securities granted to such Aliens effectual for recovering Payment of the Money so to be lent by Sale of such Freehold or Leasehold Estates.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by the former Messengers:

To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.

L Clare et al. to qualify as Vice Treasurers of Ireland, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enable the Right Honourable Robert Lord Viscount Clare, the Right Honourable Welbore Ellis, and Charles Jenkinson Esquire, to take, in Great Britain, the Oath of Office as Vice Treasurer, and Receiver General, and Paymaster General, of all His Majesty’s Revenues in the Kingdom of Ireland, and to qualify themselves for the Enjoyment of the said Offices.”

“Ordered, That the said Bill be committed to the Consideration of the Lords following:

D. Chandos.L. Bp. St. Davids.L. King.
E. Denbigh.L. Bp. Chester.L. Hyde.
E. Westmorland.L. Bp. Litch. & Cov.L. Scarsdale.
E. Stamford.L. Boston.
E. Alercorn.L. Digby.
E. Marchmont.
E. Macclesfield.
E. Radnor.
V. Wentworth.
V. Dudley & Ward.

Their Lordships, or any Five of them, to meet To-morrow, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

Countess of Shaftesbury et al Lease for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable Mary Countess Dowager of Shaftesbury, Mother and Guardian of the Right Honourable Anthony Ashley Earl of Shaftesbury, and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, “An Act to enable Trustees to make Leases of certain Estates late of Anthony Earl of Shaftesbury deceased, during the Minorities of his Children; and for establishing and carrying into Execution an Agreement made between Mary Countess Dowager of Shaftesbury, as Guardian of Anthony Ashley, now Earl of Shaftesbury, her Infant Son, and the Lord Bishop of Ely, respecting certain Messuages and Tenements, situate in the Parish of Saint Andrew Holborn, in the County of Middlesex.”

Devon Poof Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to repeal an Act, passed in the Ninth Year of the Reign of His present Majesty, intituled, “An Act for the more effectual Relief of the Poor in the County of Devon;” and for other Purposes therein mentioned.”

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place; and to adjourn as they please.

Devon Shirt Hall Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for taking down the Shire Hall of the County of Devon, and for building a new Shire Hall in a more commodious Manner.”

Ordered, That the said Bill be committed td the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Turner, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Charles Turner of Kirkleatham, in the County of York, Esquire; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read

Hodie 1a vice lecta est Billa, intituled, “An Act to empower the Wardens, Preceptor, or Master of the Scholars, and poor People of the Alms House or Hospital of Jesus in Gisburne in Cleveland, in the County of York, to convey a certain Messuage, and divers Islands, Tenements, and Hereditaments, the Estate of the said Alms House or Hospital, unto Charles Turner of Kirkleatham, in the said County, Esquire, and his Heirs; and to enable the said Wardens, Preceptor or Raster of the Scholars, and poor People of the Alms House or Hospital of Jesus, to carry into Execution an Agreement with the Reverend Henry Hew ill of Hornby Grainge, in the said County of York, Clerk, for the Purchase of a certain Messuage or Tenement, Lands, and Hereditaments, in the Parish of Birkby, in the North Riding of the said County, of greater Value, to be conveyed to and held by them and their Successors, for the Use, Benefit, and Advancement of the said Charity.”

Armthorpe Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing the several Open Fields, , Open Arable Lands, Commons, and Waste Grounds, within the Manor and Parish of Armthorpe, in the West Riding of the County of York”

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place; and to adjourn as they please.

Snaith and Cowick Enclosure Bill

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open and Common Fields and Meadow Grounds in the Townships of Snaith and Cowick in the County of York”

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on Monday next, at the usual Time and Place; and to adjourn as they please.

Livermore against Palleday:

Upon reading the Petition of John Palleday, Defendant in a Writ of Error depending in this House, wherein Martin Livermore is Plaintiff; setting forth, That the Plaintiff has not assigned Errors within the Time ordered bythe House;” and therefore praying, “That the said Writ of Error may be nonpros’d, with such Costs as to their Lordships shall seem meet:”

Writ of Error nonpros’d with Cost.

It is Ordered, That the Petitioner do forthwith enter a Nonpros on the said Writ of Error as desired, and that the Record be remitted to the Court of King’s Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the said Defendant, the Sum of Twenty Founds for his Costs, by Reason of the Delay of the Execution of the said Judgement.

Gailes Moor Enclosure Bill.

A Message was brought from the House of Commons, by Mr. Dundas and others:

With a Bill, intituled, “An Act for dividing and enclosing a certain Moor or Common called Gailes Moor, in the Township and Manor of Dalton Traverse, otherwise Gailes, in the Parish of Kir by Ravensworth in the North Riding of the County of York; to which they desire the Concurrence of this House.

Hertford Bridge. &c. Road Bill.

A Message was brought from the House of Commons, by (fn. 2) Sir Henry Saint John and others:

With a Bill, intituled, “An Act for enlarging the Terms and Powers of Two to, Acts of the Tenth and Twenty-first Years of the Reign of His late Majesty King George the Second, for repairing the Road from Hertford Bridge Hill to the Town of Basingstoke; and also the Road from Hertford Bridge Hill aforesaid, to the Town of Odiham, in the County of Southampton;” to which they desire the Concurrence of this House.

The said Two Bills were, severally, read the First rime.

Snaith and Cowick Enclosure Bill; the King’s Consent signified to it.

The Lord Hyde, as Chancellor of the Duchy of Lancaster, acquainted the House, “That His Majesty having been informed of the Contents of the Bill, intituled, “An Act for dividing and enclosing the Open and Common Fields, and Meadow Grounds, in the Townships of Snaith and Cowick, in the County of York”, was pleased to consent (as far as His Majesty’s Interest is concerned) that their Lordships may proceed therein as they shall think fit.”

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Die Veneris, 26o Februarii 1773.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Willoughby Br.
Epus. Meneven.Comes Gower, Præses.Ds. Craven.
Epus. Petriburg.Dux Chandos.Ds. Cathcart.
Epus. Litch. & Cov.Dux Dorset.Ds. Masham.
Comes Suffolk.Ds. Romney.
Comes Denbigh.Ds. Cadogan.
Comes Westmorland.Ds. Hyde.
Comes Stamford.Ds. Lyttelton.
Comes Poulet.Ds. Boston.
Comes Abercorn.Ds. Camden.
Comes Oxford.
Comes Macclesfield.
Comes Northington.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Wentworth.
Viscount Dudley & Ward.

PRAYERS.

Salter against Hite.

Counsel (according to Order) were called in to be heard in the Cause wherein Ann Salter Spinster is Appellant, and Francis Hite Attorney at Law is Respondent, being an Appeal from an Order of the Court of Chancery of the 9th of July 1771:

And Mr. Justice Blackistone attending as ordered, was heard to make his Report of what passed at the Trial of the said Cause at the Assizes at Exeter:

Which done,

The Appellant’s Counsel were fully heard:

Then the Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be put off till Monday next; and that the Cause which Hands for Monday next, be put off till Wednesday next; and that the Rest of the Causes be removed in Course.

Gravesend and Milton Paving, &c. Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, “An Act for paving, cleansing, and lighting, the High Street, East Street, and West Street, in the Town and Parishes of Gravesend and Milton in the County of Kent; and for lighting the other Streets; and for removing all Encroachments and Annoyances within the said Town and Parishes,” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Lewis, &c. Road Bill.

The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act to enlarge the Powers of Two Acts, made in the Twenty-fifth Year of King George the Second, and Sixth Year of King George the Third, for repairing the Roads from the North End of Malling Street, near the Town of Lewis, and other Roads in the County of Sussex; and for amending the Road from the Briol Park Gate to the West End of the Turnpike Road leading from the Turnpike Road on Hurst Green, through the Parishes of Etchingham and Burwash, and from the said Broil Park Gate, to the Town of Battell, in the said County; so far as relates to the Road from the Broil Park Gate to the West End of the Turnpike Road leading from the Turnpike Road on Hurat Green, through the Parishes of Etchingham and Burwash aforesaid,” was committed.

Devon Poor Bill

The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act to repeal an Act, passed in the Ninth Year of His present Majesty, intituled, “An Act for the more effectual Relief of the Poor in the County of Devon;” and for other Purposes therein mentioned,” was committed.

L. Clare et al. to qualify as Vice Treasurers of Ireland, Bill.

The Lord Viscount Wentworth also made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act to enable the Right Honourable Robert Lord Viscount Clare, the Right Honourable Welbore Ellis; and Charles Jekinson Esquire, to take, in Great Britain, the Oath of Office as Vice Treasurer, and Receiver General, and Paymaster General, of all His Majesty’s Revenues in the Kingdom of Ireland, and to qualify themselves for the Enjoyment of the said Offices,” was committed.

Bagshot, &c. Road Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act to continue the Term and alter the Powers of an Act, made in the Twenty-sixth Year of the Reign of His late Majesty King George the second for repairing and widening the Roads leading from a Place called Basingstove, near the Town of Bagshot, in the Parish of Windlesham, in the County of Surry, through Frimley and Farnham, in the same County; and from thence through Bentley, Hollyborn, Alton, Chawson, Ropley, Bishops-Sutton, New Alreford, and Mattingley, otherwise Matterley Lane, to the City of Winchester, in the County of Southampton.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Pechell and Mr. Montague:

To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.

E Hopetoun’s Estate Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for vesting in John Earl of Hopetoun and his Heirs, in Fee-Simple, certain lands, Part of his Entailed Estate in the Counties of Haddington and Fife; and for settling, in Lieu thereof, other Lands lying contiguous to and interspersed with the said Entailed Estate.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by the former Messengers:

To carry down the said Bill, and desire their Concurrence thereto.

Hemming et. Ux. Bill; Standing Order dispensed with.

The Order of the Day being read for taking into Consideration the Motion made Yesterday for dispensing with the Standing Order No. 126, so far as that the Committee, to whom the Bill, intituled, “An Act for vesting the Settled Estate of the Reverend Mr. Hemming and his Wife, in the County of Stafford, in Trustees, in order that the same may be conveyed to George Adams Esquire and his Heirs, pursuant to an Agreement made by him for the Purchase thereof; and for vesting the Purchase Money in other Lands and Hereditaments, to be settled to the like Uses,” stands committed, may proceed on the said Bill, notwithstanding the said Order should not be complied with:”

And Consideration being had thereof:

Ordered, That the said Standing Order be dispensed with in this Case.

Cromwell Enclosure Bill.

A Message was brought from the House of Commons, by Mr. Brudenell and others:

With a Bill, intituled, “An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures, and Waste Grounds, within the Parish of Cromwell, in the County of Nottingham;” to which they desire the Concurrence of this House.

Brinckhill Enclosure Bill.

A Message was brought from the House of Commons, by Mr Brudenell and others:

With a Bill, intituled, “An Act for dividing and enclosing the Open Common Fields, Meadows, Pasture, and other Commonable and Waste Lands, within the Manor and Parish of Brinckhill, in the County of Lincoln;” to which they desire the Concurrence of this House,

The said Two Bills were, severally, read the First Time.

Countess of Shaftesbury Estate Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enable the Trustees to make Leases of certain Estates late of Anthony Earl of Shaftesbury deceased, during the Minorities of his Children; and for establishing and carrying into Execution an Agreement made between Mary Countess Dowager of Shaftesbury, as Guardian of Anthony Ashley, now Earl of Shaftesbury, her Infant Son, and the Lord Bishop of Ely, respecting certain Messuages and Tenements situate in the Parish of Saint Andrew Holbourn, in the County of Middlesex.”

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Ld. President.L. Abp. Canterbury.L. Willoughby Br.
D. Chandos.L. Bp. St. Davids.L. Craven.
D. Dorset.L. Bp. Peterborough.L. Cathcart.
E. Suffolk.L. Bp. Litch. & Cov.L. Masham.
E. Denbigh.L. Romney.
E. Westmorland.L. Cadogan.
E. Stamford.L. Hyde.
E. Poulet.L. Lyttelton.
E. Abercorn.L. Boston.
E. Oxford.L. Camden.
E. Macclesfield.
E. Northington.
V. Say & Sele.
V. Weymouth.
V. Wentworth.
V. Dudley & Ward.

Their Lordships, or any Five of them, to meet on Monday next, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings near the House of Peers; and to adjourn as they please.

Stewart et al against Countess and E Moray, et e con , Hearing appointed ex parte.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Bane Stewart and others are Appellants, and Margaret Countess Dowager of Moray and Francis Earl of Moray are Respondents, et e contra ex-parte the Respondents not having put in their Answer to the Cross Appeal, though peremptorily ordered so to do:”

It is Ordered, That this House will hear the said Cause ex-parte by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed, unless the Respondents put in their Answer thereto in the mean Time.

Armthorpe Enclosure Brll; the King’s Content signified to it.

The Earl of Suffolk acquainted the House, “That His Majesty having been informed of the Contents of the Bill, intituled, “An Act for dividing and enclosing the several Open Fields, Open Arable Lands, Commons, and Waste Grounds, within the Manor and Parish of Armthorpe, in the West. Riding of the County of York” was pleased to consent (as far as His Majesty’s Interest: is concerned) that their Lordships may proceed therein as they shall think fit.”

and to the Devon Shire hall Bill.

The Earl of Suffolk also acquainted the House, That His Majesty having been informed of the Contents of the Bill, intituled, “An Act for taking down the Shire Hall of the County of Devon, and for building a new Shire Hall in a more commodious Manner, Was pleased to consent (as far as His Majesty’s Interest is concerned) that their Lordships may proceed therein as they shall think fit.”

E Macclesfield et Ux Leave for a Bill.

After reading and considering the Report of the; Judges, to whom was refered the Petition of the Right Honourable Thomas Earl of Macclesfield and Mary Countess of Macclesfield his Wife, in Behalf of themselves and their Infant Children; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, “An Act for vesting certain Tenements and Hereditaments, in the Counties of Oxford, Berks, and Wilts, Part of the Settled Estates of the Earl of Macclesfield, in Trustees, to be fold or exchanged, and the Money arising thereby to be laid out in the Purchase of other Lands, Tenements, and Hereditaments, to be settled to the same Uses; and for other Purposes therein mentioned.”

Gailes Moor Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing a certain Moor or Common called Gailes Moor, in the Township and Manor of Dalton Traverse, otherwise Gailes, in the Parish of Kirby Ravensworth, in the North Riding of the County of York.”

Ordered, That the said Bill be committed to the consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on Monday next, at the usual Time and Place; and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad in diem Lunse, primum diem Martii, jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 In the Journals of H. C. it is Sir Richard Warwick Bampsylde. Vide Vol. 34. P. 143
2 Origin Mr. Vide Journals of H.C Vol 54 P. 154 b.